Question

1.The shipping of hazardous materials can only be performed by all carriers when the material is properly classed, described, packaged, marked, labeled, and in condition for shipment.

True

False

2. If the consignee is suing on an implied contract of carriage or there is negligent carriage of goods, it is the [x] against whom action is brought.

3. A contract for the sale of goods may be breached if the seller

	a.	provides perfect tender of goods.
	b.	provides incorrect items.
	c.	provides what is requested by the buyer.
	d.	does not care for the buyer's political philosophy.

4.

A hospital administrator and the seller of a specially ordered, custom-made item of hospital equipment for use in the climate control department of the hospital are discussing shipment terms for that item. This discussion should include references to

	a.	the number of patients admitted between January 1, 2015 and the end of that calendar year.
	b.	the price of MRI machines in that market.
	c.	the hospital's expected receipt date of that equipment.
	d.	All of the above.

5. A remedy favored by the courts of most states is specific performance.

True

False

6. A ruling by the federal appeals court headquartered in San Francisco, California will be considered binding authority by the federal appeals court headquartered in New Orleans, Louisiana.

True

False

Answer 1

As per HomeworkLib guidelines, only one question can be answered at one time. The first one is done for reference.

Answer 1

As per the 49 CFR (code of Federal Regulations) § 172.204 - Shipper's certification (details including class of material, description, packaging, marking, labelling and in condition for shipment) should be clearly stated to the transporter before shipping the hazardous material.

Also, the Hazardous Materials Transportation Act (HMTA) and its Hazardous Materials Regulations(HMR) makes it compulsory too.

Hence, the given statement is true.